IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

209 RSA-681-2008(O&M)

Date of decision: 22.12.2025

Vidya Rattan & Another

...Appellant(s)

Vs.

Mahender Kumar & Others

...Respondent(s)

CORAM: HON’BLE MS. JUSTICE NIDHI GUPTA

Present:- Mr. Sumeet Mahajan, Senior Advocate with

Mr. Shrey Sachdeva, Advocate

Ms. Shruti Singla, Advocate

for the appellants.

Mr. Dinesh Arora, Advocate

Mr. Jatin Sehra, Advocate

for respondents No.2(iii) and (iv).

***

NIDHI GUPTA, J.

The plaintiffs are in Second Appeal against the concurrent

judgments and decrees of the learned Courts below whereby suit filed by the appellants for possession by way of redemption, has been dismissed by both

the Courts below.

2. The case, as pleaded by the appellants in the plaint was that Puran Chand, Girdhari Lal, Ishwar Dayal (father of the plaintiffs), and Ugar Sain were all owners in possession of the shop in dispute. All the aforesaid owners had executed a registered Mortgage Deed dated 11.11.1971 mortgaging suit shop with possession to Karam Chand/defendant No.3 for a

sum of Rs.2,000/-. Thereafter, defendant No.3 inducted defendant No.2/Ram Chander as his tenant vide Rent Note dated 8.12.1971 for the period upto 07.03.1972. Subsequently,